Not precedent but here it is Inferred SMC by record

[pacmanx1]

VA's duty to maximize a claimant's benefits includes consideration of whether his disabilities establish entitlement to SMC under 38 U.S.C. § 1114, and can be inferred by the record. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. 280, 294 (2008). Entitlement to SMC is therefore an inferable issue anytime Veteran is asking for increased benefits. See Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). Here, the Veteran specifically makes entitlement to SMC an issue through the HLR request and NOD filed.

https://www.va.gov/vetapp22/Files3/A22004761.txt

 

 

 

[Richard1954]

Interesting and this addressed the same issue in Bradley V Peake how could the rater screw this up.....

The va is required to consider SMC's each time they rate a claim, many raters don't. 

 

 

[pacmanx1]

On 5/27/2022 at 10:39 PM, Richard1954 said:

Interesting and this addressed the same issue in Bradley V Peake how could the rater screw this up.....

The va is required to consider SMC's each time they rate a claim, many raters don't. 

Sorry, I missed this post but let's remember that VA looks at veterans as ignorant (NOT CALLING ANY VETERAN STUPID, JUST NOT EDUCATED IN VA RULES AND REGULATIONS) in their rules and regulations and they feel they can get away with anything. Veterans have a limited time to disagree and or appeal, so the VA gets away with not paying out full benefits in each decision they make.

[MilvetHD]

Interesting and I agree, what I find most concerning I guess is that there are so many veterans who work for the VA and the discourage, deny, delay tactics are still so very present. If the VA and the Government to a larger degree were truly interested in taking care of veterans, they would start training us once we reached the fleet on the importance of evidentiary documentation. From my experience, I have had to teach myself so much after the fact and I am thankful that I have the cognitive ability to do so, but there is a better way and they know it. So much time, money, and mental anguish could be saved if they did the right thing. I applaud those veterans who stay the course and pursue legitimate claims. Pardon my rant but it pisses me off the endurance games we must play. Thank you to all the OG veterans here who are doing what the Government should be doing. 

[Mr cue]

I am at the court now hoping the court address an remand for just this issue.

I even posted the VA lawyer response under VA lawyers are a joke.

I apply and was granted smc but the VA will only address smc from when I apply.

It crazy I have been to the court twice over just this hoping this time the address everything.

The way I see it most of these rater dro vso don't understand smc no more than any veteran.

Last when they make a error they are going to make you fight to win an get it address.